VidhiSangh

Supreme Court of India · 13/03/2023

GOVT. OF NCT OF DELHI & ANR versus MANJEET KAUR & ANR.

[2023] 2 S.C.R. 202 · 2023 INSC 221

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Summary

The Delhi High Court declared the acquisition of two bighas in village Satbari lapsed under Section 24(2) of the 2013 Act, relying on Pune Municipal Corporation, in a writ petition filed by a person who claimed ownership only through an agreement to sell, assignment deed and possession letter, with no sale deed produced; the High Court did not deal with the Government's objection that a subsequent purchaser has no locus. The Supreme Court allowed the appeal: under Shiv Kumar and Godfrey Phillips a subsequent purchaser has no locus to claim lapse of acquisition, and in any event possession could not be taken because of pending litigation and stay, while Pune Municipal Corporation stands overruled by Indore Development Authority.

Issues

  1. Whether a subsequent purchaser of acquired land, claiming through an agreement to sell and assignment deed, has locus to seek a declaration that the acquisition has lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Provisions considered

Held

Result

Appeal allowed without costs; Delhi High Court judgment dated 31.10.2017 in W.P.(C) No. 6158 of 2016 quashed and set aside; writ petition dismissed and no deemed lapse of the acquisition of Khasra Nos. 668/1 min and 668/2, village Satbari.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 202.